October 11, 2013
GEORGE LOUIE, Plaintiff,
COUNTY OF SACRAMENTO, Defendant.
FINDINGS AND RECOMMENDATIONS
CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff, proceeding pro se, filed this action alleging a claim under the Americans and with Disabilties Act and related claims. Plaintiff is deceased. See Louie v. Stomer Family 2000 Revocable Trust, et al., case no. 2:11-cv-0108 JAM KJN PS (E.D. Cal.), ECF No. 116. On July 11, 2013, a suggestion of death upon the record was filed and the court ordered plaintiff's successor or representative to file a motion for substitution within ninety days. ECF No. 15. That time has now passed and no motion for substitution by the decedent's successor or representative has been filed. See Fed.R.Civ.P. 25(a).
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst , 951 F.2d 1153 (9th Cir. 1991).